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Criminal charges dropped against last two indicted in 2006 death of inmate
By Ed Meyer
Beacon Journal staff writer
POSTED: 08:38 p.m. EDT, Sep 11, 2008
The U.S. Justice Department has made initial inquiries about prosecuting the five Summit County Sheriff's deputies charged in the 2006 death of an inmate at the county jail, a prosecutor said Thursday.
Special prosecutor John R. Kosko said a federal prosecution would be a civil rights case based on charges that the deputies used excessive force, causing the death of inmate 7p6,5p9 Mark D. McCullaugh Jr.
McCullaugh, 28, was involved in a violent struggle with the deputies inside his
cell in the jail's mental health unit in August 2006.
Kosko, an assistant Cuyahoga County prosecutor who handled the Ohio prosecution of the five Summit deputies, confirmed the potential Justice Department involvement after charges were dismissed Thursday against the last two deputies facing trial.
Sheriff's Sgt. Brett Hadley, 36, and deputy Brian Polinger, 34, had been scheduled for a joint trial Nov. 12 on charges of reckless homicide.
But after Kosko said prosecutors could no longer proceed against them, visiting Judge Herman F. Inderlied Jr. dismissed the case in a brief Common Pleas Court hearing.
Inderlied's not guilty verdict last month in the trial of deputy Stephen Krendick made the prosecution of Hadley and Polinger ''pointless'' after they waived their right to a jury trial, Kosko said.
Krendick, 35, was indicted on one count of murder, the most serious charge in the case.
Cases against deputies Mark Mayer, 27, and Dominic Martucci, 31, were dismissed last week. Both had been indicted on one count of felonious assault.
Kosko said after Thursday's hearing that FBI investigators have contacted officials at the Ohio Bureau of Criminal Identification and Investigation and the Ohio Attorney General's Office within the past couple of weeks.
''My understanding is that they are looking into a possible investigation of this, but have made no commitment,'' Kosko said.
He said the FBI's interest would be similar to the infamous Rodney King case in Los Angeles. ''It would be exactly that,'' Kosko said.
In April 1992, a California jury returned not guilty verdicts on all but one count for four Los Angeles police officers caught on an amateur videotape beating King.
Rioting erupted in Los Angeles after the verdicts.
A federal investigation that began after the beating was suspended when the officers were charged, but resumed following the rioting.
In August 1992, federal prosecutors indicted the four officers, charging they violated King's civil rights by use of excessive force. A federal jury convicted two officers and acquitted two others.
The two officers convicted in the federal trial — Sgt. Stacey Koon and Officer Laurence M. Powell — were sentenced to 30 months in federal prison.
Scott Wilson, special agent in charge of the FBI office in Cleveland, said he could not confirm or deny that federal investigators have contacted the two Ohio offices about the McCullaugh case.
But Wilson said the local FBI has followed the McCullaugh case ''from the beginning.''
''We're going to take a look at it, and if we deem necessary, a further investigation will be conducted,'' Wilson said.
Once the FBI's involvement is complete, the case would be turned over to the U.S. Attorney's Office for review on a possible federal prosecution of the deputies, Wilson said.
Michael E. George, Hadley's lawyer, called McCullaugh's death ''a terrible tragedy'' compounded by the fact ''that these hero officers got blamed for that death.''
''Nobody expected this man to die. They were trying to help him,'' George said. ''They were trying to get him clothing, they were trying to get him medication, they were trying to get him out of this foul cell, which is all the things we would want for any member of our society who is ill.''
George said the dismissal of the case against Hadley and Polinger ''was justice, as much as we can have it today, being served.''
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
The U.S. Justice Department has made initial inquiries about prosecuting the five Summit County Sheriff's deputies charged in the 2006 death of an inmate at the county jail, a prosecutor said Thursday.
Special prosecutor John R. Kosko said a federal prosecution would be a civil rights case based on charges that the deputies used excessive force, causing the death of inmate 7p6,5p9 Mark D. McCullaugh Jr.
McCullaugh, 28, was involved in a violent struggle with the deputies inside his
cell in the jail's mental health unit in August 2006.
Kosko, an assistant Cuyahoga County prosecutor who handled the Ohio prosecution of the five Summit deputies, confirmed the potential Justice Department involvement after charges were dismissed Thursday against the last two deputies facing trial.
Sheriff's Sgt. Brett Hadley, 36, and deputy Brian Polinger, 34, had been scheduled for a joint trial Nov. 12 on charges of reckless homicide.
But after Kosko said prosecutors could no longer proceed against them, visiting Judge Herman F. Inderlied Jr. dismissed the case in a brief Common Pleas Court hearing.
Inderlied's not guilty verdict last month in the trial of deputy Stephen Krendick made the prosecution of Hadley and Polinger ''pointless'' after they waived their right to a jury trial, Kosko said.
Krendick, 35, was indicted on one count of murder, the most serious charge in the case.
Cases against deputies Mark Mayer, 27, and Dominic Martucci, 31, were dismissed last week. Both had been indicted on one count of felonious assault.
Kosko said after Thursday's hearing that FBI investigators have contacted officials at the Ohio Bureau of Criminal Identification and Investigation and the Ohio Attorney General's Office within the past couple of weeks.
''My understanding is that they are looking into a possible investigation of this, but have made no commitment,'' Kosko said.
He said the FBI's interest would be similar to the infamous Rodney King case in Los Angeles. ''It would be exactly that,'' Kosko said.
In April 1992, a California jury returned not guilty verdicts on all but one count for four Los Angeles police officers caught on an amateur videotape beating King.
Rioting erupted in Los Angeles after the verdicts.
A federal investigation that began after the beating was suspended when the officers were charged, but resumed following the rioting.
In August 1992, federal prosecutors indicted the four officers, charging they violated King's civil rights by use of excessive force. A federal jury convicted two officers and acquitted two others.
The two officers convicted in the federal trial — Sgt. Stacey Koon and Officer Laurence M. Powell — were sentenced to 30 months in federal prison.
Scott Wilson, special agent in charge of the FBI office in Cleveland, said he could not confirm or deny that federal investigators have contacted the two Ohio offices about the McCullaugh case.
But Wilson said the local FBI has followed the McCullaugh case ''from the beginning.''
''We're going to take a look at it, and if we deem necessary, a further investigation will be conducted,'' Wilson said.
Once the FBI's involvement is complete, the case would be turned over to the U.S. Attorney's Office for review on a possible federal prosecution of the deputies, Wilson said.
Michael E. George, Hadley's lawyer, called McCullaugh's death ''a terrible tragedy'' compounded by the fact ''that these hero officers got blamed for that death.''
''Nobody expected this man to die. They were trying to help him,'' George said. ''They were trying to get him clothing, they were trying to get him medication, they were trying to get him out of this foul cell, which is all the things we would want for any member of our society who is ill.''
George said the dismissal of the case against Hadley and Polinger ''was justice, as much as we can have it today, being served.''
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
Comments
Click here to post your comments
Posted 10:18 PM, 09/11/2008
Let's see how long *this* comment lasts...
Posted 12:12 PM, 09/15/2008
no ones comments are staying on. a few kinks in this system.
Posted 07:08 PM, 09/15/2008
trying to help him? How? By spraying a whole 16 0z. can of o.c. Ya, they were helping him. No they "cooked him" to death.
Posted 03:42 PM, 09/18/2008
Ugh - here we go again...
